HALIFAX CO. – WILL: ISABELLA GLENN, 1846 Contributed by: Kate Johnson ************************************************************************* USGENWEB ARCHIVES(tm) NOTICE All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************************************************** The Will of Isabella Glenn, 1846, Halifax County Will book 21, page 264 Copy of original obtained from Halifax County, also on LDS Family History Library Film # 31871 Transcribed by Kate Johnson December 2003 Notes from transcriber: ? means uncertain __ means unreadable "sic" means spelled as it appears in the original ( ) word inserted for clarity Impressed with the uncertainty of life and the necessity of making some provision for a portion of my family other than the laws would make should I die intestate, I, Isabella Glenn of the County of Halifax and State of Virginia do make ordain and constitute this, my last will and testament in manner and form following, hereby revoking all other wills and testaments by me heretofore made, that is to say - 1st, It is my will and desire that all my just debts be first paid. 2nd Item I give will and bequeath unto my son Archibald Glenn and my son-in- law James T. Garland and to their _____ the following property, to wit the Red House tract of land lying in Caswell County in the State of North Carolina containing by estimation one thousand and fifty acres and all the stock and plantation tools of every kind and description whatsoever together with all the household and kitchen furniture now in the possession of my son-in-law James W. Jeffreys also the following slaves now likewise in the possession of said James W. Jeffreys viz James, John, Frederick, Dick, Bedford, Martha, Sally, Lucy, Gilbert, Libby (?Fibby?), Fanny, Betsey, Anderson, Flora, Crissa (?), Dolphin, Minerva, Travis, Ted (?Fred?), Phil, Catherine, Belvedera, Missy, Milly, Washington, ?, Maria, Harry, Warren, Atkinson, Sally, Milly, Tony, Nally, ?, and Martha, with the future increase of the females of said slaves from the date of this my will to have and to hold all the above described property real and personal to them the said Archibald Glenn and John J Garland and the survivors (?) of them and their ___ ___ and administrators of such survivors upon ____ for the sole and separate use and benefit , support and maintenance of my daughter Agnes Jeffreys, formerly Agnes Glenn, during her life, and to hold the same at all times free and discharged from the debts, contracts, authority and control of her husband James W. Jeffreys and at her death to be equally divided between the children of the said Agnes Jeffreys now living or hereafter born, but if any of the children of the said Agnes Jeffreys now living or hereafter born shall at the death of the said Agnes Jeffreys be dead having issue then alive such issue shall receive the share or interest in the said property real and personal that it's deceased parent would have been entitled to under this clause if then living, and it is my will and desire that the trustees aforesaid dispose of, (and) manage the said property in such way as to them shall appear to be best calculated to effect the aforesaid main object of this bequest which is to provide a comfortable support and maintenance for my daughter, Agnes Jeffreys, during her natural life, and for the education, promotion, and advancement of her children. 3d Item: I give and bequeath unto my son, Archibald Glenn, and his heirs forever, the tract of land lying on the waters of Hyco in the County of Halifax and State of Virginia, known as the Horseshoe Tract containing by estimation eight hundred and sixteen acres and three tens be the same more or less, also one equal fourth part of Edwards tract of land lying in the same county, one equal fourth part of one other tract of land of fifteen acres known as Hensons tract, one equal fourth part of all my stock of every description, plantation tools, household and kitchen, furniture, and of the crops growing on hand at the time of my decease (exclusive however of the property of a similar kind bequeathed in the second clause of this will for the benefit of my daughter Agnes Jeffreys and her children), and also one equal third part of all my slaves not specifically devised or bequeathed to him the said Archibald Glenn his heirs executors, administrators, and assigns forever, and it is my will and desire that the tract of land called the Horse Shoe be valued to him the said Archibald Glenn for the purpose herein after mentioned at the price of which it is now assessed on the land books by the Commissioners for the purpose of taxation. 4th Item: I give and bequeath unto William F. Brown, Livingston (?) Brown, and Bedford Brown Jr one equal fourth part of the Edwards tract of land lying in the county aforesaid, one equal fourth part of the Henson tract of land containing fifteen acres as aforesaid, one equal third part of all my slaves not specifically devised or bequeathed, one equal fourth part of all my stock, plantation tools, household and kitchen furniture and of crops proving or on hand at the time of my decease (exclusive however of property of a similar kind bequeathed in the second clause of this will for the benefit of my daughter Agnes Jeffreys and her children), and also one equal third part of all my slaves not specifically devised; the money which may be on hand and bonds which may be due and owing me at the time of my decease, provided always that the same shall not exceed the value of the property herein before devised to my son, Archibald Glenn, but should it exceed the same __ the said Archibald Glenn shall be entitled to and receive one equal fourth part of such excess to them, the said William F. Brown, Livingston Brown, and Bedford Brown Jr., their heirs, executors and administrators forever, but upon trust nevertheless for the sole and separate use, benefit and support of my daughter Mary S. Brown formerly Mary S. Glenn, and it is my will and desire that the said trustees give my daughter Mary S. Brown the full amount of interest annually on the above ___ and the full enjoyment, right and privileges over the above named property during her natural life as far as the same may be consistent with the security of the property as aforesaid, and at her death I will and desire that the property aforesaid real and personal and the principal of the money aforesaid be equally divided amongst all the children of the said Mary S. Brown then living, and the issue of such as may be dead, such issue or descendents, however, taking amongst themselves only the shares their deceased parent would have received under this ___ if living for more. 5th Item I give and bequeath unto my daughter, Elizabeth A. Hunt during her natural life, and her children, grandchildren and their issue from the date hereof which said Negros are now in the possession of her husband Eustace Hunt, also one equal fourth part of the Edwards tract of land, one equal fourth part of the Henson tract of land, one equal fourth part of all my stock, plantation, household and kitchen furniture, and of all the crops which may be growing or on hand at my decease (exclusive, however, of similar property embraced (?) in the second clause of this will for the benefit of Agnes Jeffreys and her children), also one equal third part of all the money on hand and bonds due me at my decease, provided, always, that the same shall not exceed the property herein before devised to my son Archibald Glenn, but should it exceed the same for the said Archibald Glenn shall be entitled to and shall receive one equal fourth part of such income. All the above property, real and personal, money bonds and debts I give to my said daughter Elizabeth A. Hunt during her life only. I desire that she be allowed the full amount of interest annually on the money, bonds and debts above bequeathed to her and the full enjoyment of the property aforesaid so far as it may be consistent with a life interest, and having full and entire confidence in her husband Eustace Hunt I appoint no trustee but desire him to carry my wishes into effect in the place of a trustee. After the death of my said daughter Elizabeth A. Hunt I will and desire that all the property aforesaid, real and personal, the principal of the money aforesaid be equally divided amongst all the children of the said Elizabeth A. Hunt then living, and the issue of such of them as may be dead. Such issue or descendents, however, taking amongst themselves only the share their deceased parent would have received under this provision if living & no more. 6th Item: I give and bequeath unto my daughter Christine I. Garland during her natural life one equal fourth part of the Edwards tract of land, one equal fourth of the Henson tract of land, one equal third part of all my slaves so specifically devised or bequeathed, one equal fourth part of all my stock, plantation tools, household and kitchen furniture and of all the crops which may be growing or on hand at the time of my decease, exclusive, however, or a similar property embraced in the second clause of this will for the benefit of my daughter, Agnes W. Jeffreys and her children, and one equal third part of all the money, bonds and debts that may be on hand, due and owing to me at my decease, provided always that the same do not exceed the property here before devised to my son Archibald Glenn, but should it exceed the sums he the said Archibald Glenn be entitled to (he) shall receive one fourth part of such excess. All the above property real and personal money bonds and debt I give to my daughter Christina I. Garland during her natural life only, and desire that she be allowed the full amount of interest annually of the money bonds and debts bequeathed to her, and the full enjoyment o the property aforesaid so far as may be consistent with a life estate therein, and having full and entire confidence in her husband, John T. Garland, I appoint no trustee for the purpose aforesaid, but desire him to act as such and carry my wishes into effect. After thy death of my said daughter, Christina I. Garland, I will and desire that all the property aforesaid and the principal of the money aforesaid be equally divided between the children of my daughter then living, and the issue or descendents of such as may be dead. Such issue or descendents however taking amongst themselves only the share their deceased parent would have been entitled to under this provision if living & no more. 7th Item: In addition to the property devised and bequeathed to my son, Archibald Glenn and John T. Garland in the second clause of this will for the benefit and ___ of my daughter, Agnes Jeffreys and her children, I further devise and bequeath to the said Archibald Glenn and John T. Garland all the right title and interest which the said James W. Jeffreys lately held or owned in right of his said wife the dower property and slaves belonging to the estate of my late husband, James A. Glenn. To them the said Archibald Glenn and John T. Garland their being executors admin forever, but to be held by them upon the same trust and confidences and the uses and purposed and to be applied in the same manner as is here before ____ in the second clause of this my will in relation to the property there bequested to them 8th Item: I give and bequeath unto James C. Glenn and David C. Glenn all the interest real and personal which my son John W. Glenn lately held or owned in the dower property and slaves belonging to the estate of my late husband, James A. Glenn, which interest he sold to me as will appear by the title papers duly recorded in Halifax. I however accept (sic) from the operation of this clause however the following Negro slaves: Betty, Solomon, Henry, Leah, ___, Keilly (?), Llana (?), Jacob, Frank, Minerva, and their issue from the date hereof which negros it is my will and wish that my son John hold no interest in whatsoever, but as an equivalent that the sum of one thousand dollars be paid him to the said James C. Glenn and David C. Glenn, but of any moneys belonging to my estate previous to the division thereof hereinafter ___, all my interest in which said negros I hereby release to my children interested in said slaves accept (sic) my son John and they, the above named negros, are to be divided amongst my said other children without any reference or ___ to my interest under the purchase aforesaid from my son John W. Glenn without exception aforesaid. I will and desire that the said James C. Glenn and David C. Glenn, their heirs, ____ hold all the above bequeathed interest real and personal together with the thousand dollars in trust for the use and benefit and support of my son John W. Glenn during his natural life, and the said trustees are to pay to the said John W. Glenn annually during his life the whole income rents hires and profits of said bequest, so long as he may live. In case the above named Trustees are unwilling or unable to act for my son, John W. Glenn, from being at a distance or any other cause, I give my Executors hereinafter named full power to appoint one or more trustees to act in their stead, which appointment shall be made by deed under their hands and seals, recorded in the Clerks office of Halifax County. I also give my said executors full power if they shall deem it expedient to make sale of the interest in the real estate above devised to James C. Glenn and David C. Glenn in trust, and if they should to sell the said interest the proceeds thereof shall be paid to the said trustees to be held by them upon the same ___ hereinbefore described in relation to the property aforesaid, and after the death of the said John W. Glenn, that the whole of the aforesaid property real and personal, and the principal of the one thousand dollars, or if the said property shall be sold the proceeds thereof be equally divided by the said James C. Glenn and David C. Glenn or the trustees who may act amongst all the children of the said John W. Glenn then alive, and the issue or descendents of such of them as may be dead. Such descendents or issue taking only the share their deceased parent would have taken under this provision if living. I also wish and will that the above named trustees shall manage the above bequest in the way they find most to the interest of the said John W. Glenn with full power of removing. 9th Item: In several of the previous clauses of my will I have stated that my son Archibald Glenn shall be entitled to one fourth of any excess falling to my other children under said clauses over and above the amount or value of property devised to him, an explanation of which provision wherever it appears, I think proper to state that my ___ and intention is that the Horse Shoe tract only shall be valued at it's ___ as herein before stated, and that the money debts and bonds willed to or for the benefit of my three daughters shall be ascertained also, and if upon division as directed in my will, of the money bonds and debts the shares thereof shall be greater than the fair assessed value of my said son's land, he is to receive one fourth of such excess from each of said shares and in ascertaining if such excess exists no other property than the land aforesaid willed to him, and the money bonds and debts willed to ___ the use of my daughters as aforesaid are to be taken into the ___. 10th Item: In consideration of the great fidelity and good conduct of my servant Betty I give and bequeath unto her one (?) hundred dollars to be held by my executors and the interest thereon to be given her annually, and at her death the above sum to be divided equally between my executors, and it is my wish and will that the Negro servant Betty shall have the choice of an owner amongst my said children. 11th Item: I give and bequeath unto my son, Archibald Glenn, and my two daughters Elizabeth A. Hunt and Christina I. Garland, one equal third part each of all the rest and residue of my estate if any of whatsoever kind or nature it may be after my executors shall have paid distributed, and satisfied all the various bequests therein specified, general or pecuniary, as herein before ____, and payment as aforesaid of all my debts. 12th Item: I hereby nominate, __ and appoint my son, Archibald Glenn, and my son-in-law, John T. Garland, Executors of this my last will and testament, and having full and __ confidence in their integrity and capacity, I hereby ___ that no security of any kind be required of them. In testimony of all which I have ___ with my own hand subscribed my name and __ my seal 18th day of March, in the year of our lord one thousand eight hundred and forty five. Signed, ____, published and sealed, By the said Isabella Glenn, as _ for her last will and testament in our presence who witnessed the items by subscribing our names __ __ Geo. Richardson, __ Watkins, ___ ___, ___ Edwards Will Book 21, page 271 Addendum I, Isabella Glenn, do make this codicil to my last will and testament ___ dated the blank day of blank 1845 hereby satisfying and confirming the ___ hereinafter ____. (note: faded, difficult reading) 1st, In the provisions in my will for the benefit of my daughter, Agnes Jeffreys and her children, I have specified negro slaves by name, but ___ under the impression that some of the said slaves children with them, whose names are not included. Now my intention is that all the children of said slaves now in the possession of my son-in-law James W. Jeffreys, though they be not named in my said will shall go to the same trustees and be held by them for the same __ and purposes as my said will is directed in regard to their mothers. 2, My intention further is that all the property real and personal settled in trust for my daughter Agnes and her children, shall after her death go to the person as mentioned in my will (long faded and unreadable section, one paragraph) shall be under the age of twenty one years and without having been married. The property willed to such child is ___ under this codicil survivors and the ___ of those dead as heretofore directed, and should all her said children die under the age of 21 and without having been married then (after the death of ___) the property as aforesaid __ and bequeathed to her said children or issue, I will and desire shall be equally divided amongst all my surviving children and the issue of such of them as may be dead having issue. Such issue of such of them being dead having issue living. Such issue however taking only amongst themselves the share it's ___ parent would have __ under the clause if living. In __ of all which I have hereunto subscribed my name __ this 10th of May in the year of our lord one thousand eight hundred and forty five. Signed, sealed, published and __ as for a codicil Her last will and testament by I Glenn in my presence And witnessed the same in her presence and at Her request. Geo. Richardson Alex Watkins William Watkins William Edwards At a court held for Halifax County the 26th day of October, 1846, the within written last will and testament of Isabella Glenn dec'd with the codicil thereto annexed was presented in court and proved by the oaths of two witnesses thereto subscribed and ordered to be recorded. Whereupon on the motion of John T. Garland, the executor therein named, who made oath thereto recording in law and entered into ___ a bond as penalty of $300.00 conditioned according to law certificate is granted him for obtaining probate of said will in due form without giving security. Teste William C Holt